RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060003651 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart and the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant essentially states that his DD Form 214 does not reflect these awards and that he was told that he was going to be awarded those awards and he never received them.  He goes on to state that he was wounded in combat in Vietnam along with another Soldier that he carried out and both were medically evacuated for treatment.  He further states that he never got either of the awards and desires his records corrected to reflect award of both medals.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 April 1978, the date of his discharge from the United States Army Reserve (USAR).  The application submitted in this case is dated 23 February 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the Army of the United States on 10 June 1970.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light
Weapons Infantryman).  He departed for the Republic of Vietnam on 4 November 1970, and briefly served with Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division.  On 19 November 1970, he was reassigned to Company A of the same battalion.  On 4 May 1971, he was reassigned to Company A, 2nd Battalion, 502nd Infantry Regiment.  He returned to the continental United States on 4 November 1971, and served at Fort Dix, New Jersey until he was honorably released from active duty on 
10 January 1972 and transferred to the USAR.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.  On 5 April 1978, he was discharged from the USAR.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal or the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) also does not have any entries which show that he sustained wounds as a result of hostile action.  Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Bronze Star Medal or the Purple Heart.  There are no general orders in the applicant’s military records which show that he was awarded the Bronze Star Medal or the Purple Heart.  Further, there is no evidence in the applicant’s military records which shows that he was wounded in action.  The applicant’s name is also not listed on the Vietnam Casualty Roster.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s military records show that he served on continuous active duty in an enlisted status for 1 year, 7 months, and 1 day from 10 June 1970 to 
10 January 1972.  However, there is no record of him being awarded the Army Good Conduct Medal for this period of service.  There is no derogatory information in the applicant’s military records which could be a disqualifying factor for award of the Army Good Conduct Medal.  Additionally, his conduct and efficiency ratings were rated as "excellent" for his entire period of this qualifying service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to 
the 3rd Battalion, 506th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

8.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII campaign and the Consolidation I campaign.

9.  The applicant’s DD Form 214 does not show that he was awarded any marksmanship qualification badges.  However, Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 269, dated 2 October 1970, essentially awarded him the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

11.  Paragraph 4-5 of Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal may be awarded upon termination of service on or after 27 June 1950 for continuous enlisted active Federal military service of less than three years but more than one year. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Bronze Star Medal and the Purple Heart should be added to his DD Form 214.

2.  While the Board does not doubt the veracity of the applicant’s claim that he is entitled to award of the Bronze Star Medal and the Purple Heart, there is no evidence in the applicant’s records that shows that he was recommended for  award of the Bronze Star Medal or that he was wounded in action during his tour in Vietnam.  Also, his name is not listed on the Vietnam Casualty Roster.  Absent evidence which shows that he was awarded the Bronze Star Medal or that he was wounded as a result of hostile action, and that he was treated by medical personnel for wounds incurred as a result of hostile action which was made a matter of official record, the applicant’s statement, by itself, is not a sufficient basis to grant award of the Bronze Star Medal or the Purple Heart in this case.

3.  However, the evidence of record clearly shows the applicant completed 1 year, 7 months, and 1 day of continuous enlisted active duty service from 10 June 1970 to 10 January 1972, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal, and correction of his military records to show the award of the Army Good Conduct Medal for the period 10 June 1970 to 10 January 1972.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Battalion, 506th Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 April 1978, the date of his discharge from the USAR.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 April 1981.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there are no time limitations on requests for award of the Purple Heart, and the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX____  ___XX __  ___XX___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal for the period 10 June 1970 to 10 January 1972 while serving as a sergeant.

b.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

c.  showing two bronze service stars to be affixed to his Vietnam Service Medal.

d.  showing the award of the Expert Marksmanship Qualification Badge with Machinegun and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Bronze Star Medal and the Purple Heart:




____XXXXXXXXXX_______
          CHAIRPERSON




INDEX

CASE ID
AR20060003651
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000
2.
107.0015.0000
3.
107.0018.0000
4.
107.0020.0000
5.
107.0056.0000
6.
107.0094.0000
7.
107.0073.0000 (Add bronze service stars)
8.
107.0108.0000
9.
107.0109.0000
10.
110.0400.0000